Local Absentee Voting Act

Section 1

The Filing of pleadings, appearances, motions, notices, and other papers with the Commission as required by these rules shall be made by filing them personally or through a duly authorized representative with the appropriate Clerk of Court of the Commission, or by registered mail except in a special action to declare a candidate as a nuisance candidate. If filed personally or by a duly authorized representative, the Clerk of Court shall stamp on the pleading the date and hour of filing. It filed by registered mail, the date of the mailing of motions, pleadings, or other papers or payments or deposits, as shown by the post office stamp on the envelope or the registry receipt, shall be considered as the date of their filing, payment or deposit with the Commission. The envelope shall be attached to the records of the case.

Section 1

Where the allegations in a protest so warrant, and simultaneously with the issuance of summons, the Commission shall order the municipal treasurer and election officer, and the responsible personnel and custodian to take immediate steps or measures to safeguard the integrity of all the ballot boxes, lists of voters with voting records, books of voters and other documents or paraphernalia used in the election, as well as data storage devices containing electronic data evidencing the conduct and the results of elections in the contested precincts.

Section 2

Orders required to be served, pleadings subsequent to a petition or protest, written motions other than those which may be heard ex-parte, and written notices, appearances, demand or offer of judgment or similar papers shall be filed with the Commission and served upon the parties affected thereby. If any of the parties has appeared by an attorney or attorneys, service shall be made upon his attorney or upon any of his attorneys, unless service upon the party himself is ordered by the Commission or Division. Where one attorney appears for several parties, he shall be entitled to only one copy of any paper served upon him by the opposite side.

Section 2

Within forty-eight hours from receipt of the answer with counter- protest, if any, and whenever the allegations in a protest or counter-protest so warrant and when it finds the same necessary, the Commission shall order the boxes with their keys, lists of voters with voting records, books of voters, the electronic data storage devices, and other documents, paraphernalia, or equipments relative to the precincts involved in the protest or counter-protest, to be brought before it. The Commission shall notify the parties of the date and time for the retrieval from their respective custodians of the ballot boxes, other election documents, data storage devices, equipments. The parties may send representatives to witness the activity. The absence, however, of a representative of a party shall not be reason to postpone or delay the bringing of the ballot boxes, election documents, and data storage devices, into the custody of the Commission. The Commission, in its discretion, may seek the assistance of the Philippine National Police or the Armed Forces of the Philippines in ensuring the safe delivery of the ballot boxes and election paraphernalia into the custody of the Commission. Where any of the ballot boxes, ballots, election returns, election documents or paraphernalia mentioned in the first paragraph above are also involved in election contests before other fora, such as the Presidential Electoral Tribunal, the Senate Electoral Tribunal, the House of Representatives Electoral Tribunal, which, under COMELEC Resolution No. 2812 dated 17 October 1995, have preferential right over the custody and recount of ballots involved in simultaneous protests, the Commission shall make the appropriate coordination and request with the tribunal involved as to temporary prior custody of ballot boxes and recount of ballots and other documents and storage devices, or the synchronization of such recount of ballots. The expenses necessary and incidental to the bringing of the ballot boxes, election documents, and devices shall be shouldered and promptly paid by the protestant and the counter-protestant, if any, in proportion to the precincts involved. The expenses necessary and incidental to the return of the ballot boxes, election documents, and storage devices to their original custodians or the proper tribunal after the termination of the case shall be shared proportionately by the protestant and protestee based on the number of precincts respectively contested by them.

Section 3

Service of pleadings, motions, notices, orders or judgment and other papers, the completeness thereof, and proof of such service shall be made in the manner prescribed by the Rules of Court of the Philippines.